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CREE NATION of CHISASIBI LAW NO. * Respecting Access and Residence Rights WHEREAS the Cree Nation of Chisasibi Has an Obligation

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CREE NATION of CHISASIBI LAW NO. * Respecting Access and Residence Rights WHEREAS the Cree Nation of Chisasibi Has an Obligation CREE NATION OF CHISASIBI LAW NO. * respecting access and residence rights WHEREAS the Cree Nation of Chisasibi has an obligation to ensure the well-being and safety of its members and public order in the community; WHEREAS the increased mobility of people within Eeyou Istchee and elsewhere makes it necessary to establish standards and rules for the exercise of rights of access and residence; NOW THEREFORE: PURSUANT to its inherent sovereign authority and to paragraphs 6.2(1)(f) and (g) and section 9.2 of the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, the Cree Nation of Chisasibi, acting through its Council at a meeting held on the ● day of ● 2020, hereby enacts the present Law No. 2020-●, respecting access and residence rights. SHORT TITLE 1.(1) This law may be cited as the Access and Residence Law. INTERPRETATION 2.(1) Unless otherwise indicated by express terms or necessary implication, the words and expressions in this law will have the same meaning as in the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada and in the Constitution of the Cree Nation of Eeyou Istchee. 2.(2) In this law, “Agreement” means the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada as given effect by the Cree Nation of Eeyou Istchee Governance Agreement Act, SC 2018, c 4, s 1, "applicant" means a person who makes an application under this law, “Chisasibi” means the settled areas of the Category IA land of the Cree Nation of Chisasibi, “CNC” means the Cree Nation of Chisasibi, “Constitution” means the Constitution of the Cree Nation of Eeyou Istchee, “Council” means the Chief and the Councillors of the CNC holding office in accordance with the CNC laws and the Constitution, “criminal record check” means a document prepared by a police force or service from national data released by the Canadian Police Information Centre (CPIC) that contains information regarding the criminal convictions of an individual for which no record suspension has been granted or issued under the Criminal Records Act, “EEPF” means the Eeyou Eenou Police Force, “immediate family” means the mother, father, full siblings or child but does not include spouses or half-siblings, “member” means a member of the CNC as defined at section 5.3 of the Agreement, namely a Cree beneficiary who is enrolled or entitled to be enrolled on the community list pursuant to section 3 of the James Bay and Northern Quebec Agreement, "peace officer" means any member of the EEPF, “spouse” means the person (a) to whom a person is married in accordance with or recognized under the laws of Quebec, (b) with whom a person lives in a conjugal relationship, taking into account Cree custom, or (c) who is the common law partner of a person. APPLICATION 3.(1) This law applies to the Category IA land of the CNC, to all Category III land situated within the perimeter of such Category IA land, and to all persons situated thereon. ACCESS 4.(1) Except as otherwise provided for herein, a right of access to Category IA land is granted to (a) an Inuk of Chisasibi, (b) any Cree beneficiary, (c) the spouse of a Cree beneficiary, (d) the immediate family of a person described in paragraphs (b) or (c), (e) a person who, immediately before July 5, 1984, was a member of the CNC but was not a Cree beneficiary. 4.(2) To the extent required to exercise their rights and functions, the following persons are permitted access to Category IA land, subject to the terms and conditions of the right or function in question, (a) a person authorized by a government body or any other public body, established by an Act of Parliament, an Act of the legislature of Quebec or a law of the CNC or the Cree Nation Government to perform a public function, establish, operate or administer a public service, construct or operate a public installation or conduct a technical survey thereon, (b) the holder of right or interest in Category IA land or in a building situated thereon granted by the CNC, (c) a person authorized in writing by the CNC, (d) a person carrying on business or rendering services in Chisasibi with the knowledge and approval of CNC, and (e) a person required to appear before a judge or other official involved in the judicial system. 4.(3) Notwithstanding sections 4.(1) and 4.(2), every person has the right to access roads, arteries, airports, bridges, public seaplane bases, wharves, harbours, rivers and major lakes, public buildings and lands used for public purposes, where all or any part of such facility or installation is located on Category IA land. 4.(4) A person who is permitted access to Category IA land is not permitted to reside in Chisasibi unless they apply for, and are granted, permission to reside in Chisasibi in accordance with this law. RESIDENCE 5.(1) Subject to any restrictions that may be imposed pursuant to this law, a right to reside in Chisasibi is granted to (a) a member of the CNC, (b) the spouse of a member of the CNC, (c) the immediate family of a person described in paragraphs (a) or (b), and (d) an Inuk of Chisasibi. 5.(2) In addition to the persons described in section 5.(1), the following persons may, subject to the other provisions of this law, reside in Chisasibi (a) a person authorized in writing by the CNC, (b) a person authorized in writing by virtue of a grant, including a lease, usufruct, servitude or superficie, made by the CNC, (c) an administrator appointed by the Cree Nation Government to administer the financial affairs of the CNC, (d) a person engaged in administrative or public duties or scientific studies approved by the CNC, unless the CNC deems that the number of such persons is such that it will significantly alter the demographic composition of the community, (e) a person who is not a Cree beneficiary but, immediately before November 11, 1975, was residing on or occupying, pursuant to a right of residence or occupancy, land that became Category IA land under the James Bay and Northern Quebec Agreement and has continued to reside on or occupy such land since July 3,1984, unless that right expired. 5.(3) Every person who does not enjoy a right to reside in Chisasibi, pursuant to section 5.(1), or is not permitted to reside in Chisasibi, pursuant to section 5.(2), must apply to the CNC for permission to reside in accordance with section 6 hereof. 2 5.(4) A person who no longer satisfies the criteria of section 5.(1) loses the right to reside and must apply for permission to reside in Chisasibi within 30 days of the loss of that right to reside. 5.(5) A person who resides in Chisasibi pursuant to section 5.(2) will, if they are convicted of offences under CNC laws relating to alcohol, nuisances or public safety or under the Criminal Code, be required to apply for permission to reside in Chisasibi within 90 days of their conviction or, if no longer in Chisasibi, in accordance with procedure set out in this law. PROCEDURE General 6.(1) Every person who does not enjoy a right of access or residence pursuant to sections 4. (1) or 5.(1) or who is permitted to access or reside pursuant to sections 4.(2) or 5.(2), and any person whose right to access Category IA land or to reside in Chisasibi was revoked pursuant to section 7, must apply in writing, substantially in the form of Schedule A, for permission to access Category IA land or to take up residence in Chisasibi. All applications must be submitted to the CNC at least 4 weeks prior to the date of intended access or residency. 6.(2) Applications for access and residence must include the following information respecting the applicant, including, (a) name, including aliases and nicknames, accompanied by a piece of government issue identification, (b) current address, (c) band number, if applicable, (d) address while in the community, (e) reasons for visiting or residing in Chisasibi, as the case may be, (f) the length of stay, and (g) the addresses the applicant lived at during the previous 5 years. 6.(3) The application must be accompanied by a completed and signed Consent to Release form (Schedule B), authorizing CNC to obtain a criminal record check pertaining to the applicant. 6.(4) The applicant must ensure that all information provided in the application is complete, accurate and appropriate. The applicant must declare that all the information in the application is true. 6.(5) No person may provide false, inaccurate, misleading or incomplete information in the application. Refusal 6.(6) The CNC must refuse an application if it (a) contains false, inaccurate, misleading or incomplete information, or (b) is not accompanied by a duly completed and signed Consent to Release form. The refusal, and reasons therefor, will be recorded and maintained in the applicant’s file for a period of 2 years. The CNC will destroy any information pertaining to an applicant 24 months after that information was provided or, if the information was relied on in permitting access or residence, 24 months after it is no longer required for that purpose. 6.(7) The CNC may refuse an application or impose any conditions on its approval, as it deems appropriate, if the applicant (a) has been convicted, within the 5 years preceding the application, of an offence under Part III (firearms and weapons), sections 150 to 174 of Part IV (sexual offences, public morals and disorderly conduct) or sections 265 to 273.1 of Part VIII (offences against the person) of the Criminal Code, or of an offence under the Controlled Drugs and Substances Act, (b) has been convicted, within the 2 years preceding the application, of an offence under a CNC law relating to alcohol or nuisances, (c) in the CNC’s opinion, is harmful to the safety or well-being of family members or the community that has required police intervention or intervention by the Cree Board of Health and Social Services of James Bay on at least 3 occasions in the past 12 months, (c) failed to comply with the conditions imposed on them in a previous application, or (d) was granted access or the right to reside in Chisasibi that was later revoked pursuant to this law.
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